Legal Opinion

State v. J.D.O.

District Court of Appeal of Florida

Decided September 19, 2008No. 2D07-5209Published

1Opinion of the Court

WHATLEY, Judge.

The State appeals the order finding J.D.O. incompetent to stand trial for thirteen offenses dating back to 2005, when he was eight years of age. We reverse.

“The test for whether a defendant is competent to stand trial is whether ‘he has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding — and whether he *81has a rational as well as factual understanding of the proceedings against him.’ ” Evans v. State, 800 So.2d 182, 187 (Fla.2001) (quoting Dusky v. United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960)).

The two…

2Cases cited4 opinions

  1. Dusky v. United StatesSupreme Court of the United States · 1960
  2. Peede v. StateSupreme Court of Florida · 2007
  3. Evans v. StateSupreme Court of Florida · 2001
  4. State v. CooksDistrict Court of Appeal of Florida · 1994

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